TOWN OF DUCK
TOWN COUNCIL
JOINT SPECIAL MEETING WITH THE PLANNING BOARD AND
REGULAR PLANNING BOARD MEETING
December 14, 2005
The Town Council for the Town of Duck convened a Special Joint Meeting with the Planning Board at the Duck Municipal Offices at 6:30 p.m. on Wednesday, December 14, 2005.
COUNCIL MEMBERS PRESENT: Mayor Neil Morrison; Mayor Pro Tempore Monica Thibodeau; Councilor Denver Lindley, Jr.; Councilor Nancy Caviness; and Councilor Bart Smith.
PLANNING BOARD MEMBERS PRESENT: Chairman Ron Forlano; Vice Chair Jon Britt; Member John Jenkins; Member Marilyn March; and Member Anne Darnall.
OTHERS PRESENT: Town Manager and Town Clerk Christopher J. Layton, Planning Director Suzanne Cotellessa; Town Attorney Donald I. McRee, Jr.; and Administrative Assistant Sandy Cady.
ABSENT: None.
Mayor Morrison called the meeting to order at 6:30 p.m. Chairman Forlano led the Pledge of Allegiance. Mayor Morrison led the moment of silence.
NEW BUSINESS
REVIEW AND COMMENT ON APPLICATION OF PRK LAND COMPANY, LLC BY RICHARD KOWALEWITCH, PRESIDENT, WITH PROJECT REPRESENTATIVE BOB EVANS, FOR NEW CONSTRUCTION AS FOLLOWS:
CUP-05-07: APPLICATION OF PRK LAND COMPANY, LLC, TO APPROVE A NEW CONDITIONAL USE PERMIT UNDER THE VILLAGE COMMERCIAL DEVELOPMENT OPTION FOR CONSTRUCTION OF A NEW BUILDING WITH APPROXIMATELY 2,000 SQUARE FEET OF RETAIL SPACE AND AN APPROXIMATELY 1,200 SQUARE FOOT APARTMENT AT 1176 DUCK ROAD
Staff Introduction
Chairman Forlano stated that approximately one month prior, the Planning Board had a courtesy informal meeting with the applicants. At that time, the Planning Board allowed comments from the applicants with the applicants voicing a lot of frustration with the system the Town has in place. He stated there was a lot of emotion expressed as well. He cautioned the applicants that as the process goes on, it will become more and more formal in the way the meetings are conducted. He stated that first meeting was informal and suggested that the applicants be aware of the more formal nature of the process.
Chairman Forlano stated that the purpose of the joint meeting on the Village Commercial Development Option was to deal with challenges to the existing lots in Town along with the restrictions on them. He stated that Council and the Planning Board will work to get the project up and running as well as having a project that the Town is happy with. He asked for cooperation from all applicants so Council and Planning Board can do their best to cooperate with them. He then asked staff to do the introduction.
Mayor Morrison asked Council, Planning Board and the applicants to keep their comments in a polite and professional manner and to keep their focus on the project that is being considered. He asked that during group discussion and comments, give a sign or raise a hand to be recognized so there is no one talking over someone.
Planning Director Sue Cotellessa was recognized to speak. Planning Director Cotellessa stated the application is for a Village Commercial Development Option for a new project at 1176 Duck Road. She stated that the Village Commercial Development Option is a very flexible review process to make sure the scale and architectural character of new projects as well as additions and changes to old projects will be compatible with the Village Commercial District. She stated that the Town has had a linear development in the Village because of site constraints and are looking for opportunities for shared parking, to limit vehicular cuts in and out of the smaller properties, to accommodate pedestrians and to reinforce the idea that the Village Commercial District is an excellent place to live and work.
Planning Director Cotellessa went on to give a background on the process for the Conditional Use Permit process to Council, Planning Board and the audience. She went on to show a presentation on the property, what the applicants are looking to accomplish and what the Town requires of the applicants.
Applicant Presentation
Bob Evans was recognized to speak. Mr. Evans stated that he had come to the meeting with a new package for Council and the Planning Board to review. He stated that he disagrees with the staff report and read from his report. He stated that he felt the use of the property was a by-right use. He stated that they feel they have the right to develop the property and wish to develop it. He stated they have reduced their parking spaces by one due to employees that will be living on site. He went on to give an overview of his report to Council, the Planning Board and the audience.
Mr. Evans stated that they expended substantial time and visits with the adjacent property owners to create a better situation with them but it did not work out. He stated that they had their engineer prepare a plat of easement and presented it to the adjacent property owners. Only one of the property owners was not in agreement with the easement. He went on to discuss ingress and egress with Council, the Planning Board and the audience. Mr. Evans stated that they would like to put up attractive “Duck style” Caution signs for pedestrians and bicyclists who are on the Trail. He stated that bicycle racks will not be put on the site as they feel the best place for them would be towards the rear of the property.
Mr. Evans stated that they wish to have trash carts on the site as opposed to a trash dumpster. He felt that there would not be a lot of trash coming from the store so there would not be a need for a dumpster.
Mr. Evans reviewed the CAMA thirty (30) foot setback, planting, vegetative buffers, lot coverage, outside storage, stormwater, as well as the fencing on either side of the property. He stated that he did not receive an engineer’s review from Planning Director Cotellessa until December 9, 2005. He stated he has since addressed her concerns and made some modifications to the site plan in regard to water flow and drainage. He stated that the owners of Swan Cove Restaurant have made a commitment to work with them in removing the fence to provide for safe pedestrian movement between the two properties. He stated that he anticipates a commitment from the other adjacent property owner on removing their fence as well.
Mr. Evans reviewed the architecture and signage and lighting for the property. He handed out a copy of the proposed sign to Council and the Planning Board.
Mr. Evans stated that he hopes that Council and the Planning Board would not hold up the process any further. He stated they had hoped to open the store prior to the end of the 2005 summer season. He stated that they have diligently addressed all concerns in a positive and appropriate manner.
Mr. Evans stated that when Mr. Kowalewitch went before staff on December 12, 2005, they were informed that staff did not know what should be applied for and handed him identical paperwork that was submitted earlier in the year.
Mr. Evans went on to summarize his agreement and disagreement with staff recommendations on various issues and why. He then went on to review the line item responses to the matrix comments with Council, Planning Board and the audience.
Mr. Evans stated that he was shocked and pleased with the email he had received from Planning staff earlier in the day stating that John Boyd was in favor of shared access. However, he realizes that he may not be able to get everyone to agree to shared access.
Mr. Evans explained to Council, Planning Board and the audience the definition of a surf shop – a store that sells clothes under the guise of being an athletic meeting place or also known as a store front. Mr. Evans thanked everyone for their time.
Mayor Morrison called for a five minute recess. The time was 7:58 p.m.
Mayor Morrison reconvened the meeting at 8:05 p.m.
Group Discussion and Comment
Mayor Morrison reminded Council and Planning Board to raise their hand when they wish to discuss or comment. He stated that individuals may speak as long as they wish.
Member John Jenkins was recognized to speak. Member Jenkins asked how many owners are in the condo shopping center on the north side. Bob Evans stated that he believed there were 5-6 unit owners. Rick Kowalewitch stated there are four (4) owners. Mr. Kowalewitch stated that all owners with the exception of the owner of Surfside Casuals were in favor of shared access. He stated he had spent two (2) months working with the owners to get something worked out. Bob Evans stated he was disappointed that all of the owners were not in favor of the shared access.
Member Marilyn March was recognized to speak. Member March asked Planning Director Cotellessa if she had an opportunity to review the newer package that Mr. Evans had brought in as opposed to the original one that was in the agenda packets. Planning Director Cotellessa stated she had received the package the same time Council and Planning Board had and had not had a chance to review it. Member March asked Planning Director Cotellessa if she had a chance to review the objections in the package to see if they were completely addressed. Planning Director Cotellessa stated she hadn’t.
Mayor Pro Tempore Monica Thibodeau was recognized to speak. Mayor Pro Tempore Thibodeau asked Member March to clarify her question to Planning Director Cotellessa. Member March stated that the package that was received earlier in the week was different than the package that was received at the meeting by Mr. Evans and Mr. Kowalewitch. She stated that her question to Planning Director Cotellessa was if she had seen the newer package prior to the meeting and if she was able to give insight regarding the items in the first package was resolved by the items in the second package. Mayor Pro Tempore Thibodeau stated that she understood that the first package that was received had highlighted issues that still needed to be addressed. She stated that what she just heard from Mr. Evans were the attempts to address them. Member March stated she was correct. She stated she wanted to know if Planning Director Cotellessa had had an opportunity to assess the second package.
Chairman Ron Forlano was recognized to speak. Chairman Forlano stated that the septic permit was for a three bedroom, six person home. Bob Evans stated that the septic permit addresses the two bedroom residence. Chairman Forlano pointed out that the permit was for three bedrooms that was dated September 6, 2005. He stated that Mr. Evans keeps referring to a two bedroom apartment. Mr. Evans stated that Mr. Kowalewitch had applied for the septic permit and received it. The septic requirements are for a two bedroom home and the Health Department has obviously erred on the permit. He stated that they would be happy to correct it. Vice Chairman Britt pointed out that the second page of the permit had the correct information.
Chairman Forlano asked if the adjacent property is an exit only. Mr. Kowalewitch stated he was correct. Chairman Forlano asked what would happen if a delivery truck enters that area. Mr. Evans stated he had addressed the issue earlier, but reviewed the parking with Council and the Planning Board. Mr. Kowalewitch stated that delivery trucks will service his store from the Farmer’s Daughter parking lot.
Councilor Bart Smith was recognized to speak. Councilor Smith asked what the white space was on the site plan. Mr. Evans stated it was grass. He stated the red checked areas would have bushes. Mr. Evans went on to give an explanation of the stormwater on the site plan.
Vice Chairman Jon Britt was recognized to speak. Vice Chairman Britt stated that the Town’s engineer has not had a chance to see any of the changes. He stated that Mr. Evans did a good job of providing answers to questions in a timely fashion. He stated that Mr. Evans and Mr. Kowalewitch need to maintain the option for the boardwalk. Mr. Evans stated he would have no problem with doing that as long as it protects them from any degradation of value and/or use for future development. Vice Chairman Britt agreed with Mr. Evans in regard to the sidewalk. He asked if there was commercial pick up for trash carts. Town Manager Layton stated that it would be handled as a residential pick up. He stated that the dumpsters can vary in size from small to large and Mr. Evans and Mr. Kowalewitch would be restrained even in the summer to the residential pick up schedule as opposed to the commercial pick up one. He stated that the Town’s ordinance would allow the Town to require at some point if the carts were inadequate, to have dumpsters on site. Mr. Evans stated that he would love the opportunity to prove their case for not wanting dumpsters.
Mayor Pro Tempore Thibodeau clarified that commercial spaces are not allowed to have recycling carts. Town Manager Layton stated that at this point, that is correct. Mr. Evans reiterated how trash works and how their trash would fit in the carts. Mr. Kowalewitch reiterated how he has been in business for twenty-four years and how his business uses four trash cans that service his store and three apartments.
Councilor Caviness asked for clarification as to what the concern for not wanting a dumpster. Mr. Evans stated there is no problem with having a dumpster but asked Council and the Planning Board to give them a chance to prove why they won’t need a dumpster. He stated the dumpster area has been removed from the property line.
Member Jenkins asked if all the owners of the adjacent properties were excited about having the project and wanted the fence taken down. Mr. Evans stated that he had understood that. Member Jenkins stated that it was not true as Ms. Brightbill did not want the fence taken down. Mr. Evans stated that Ms. Brightbill is not excited about them having a store at all. Mr. Kowalewitch stated that he had spoken to Mr. Boyd about the fence and that it makes the area look like a junkyard. He stated that if the fencing comes down on both sides, it will open up the area and make it attractive. He pointed out that having dumpsters on his site would be an eyesore and is unnecessary. However, he stated that if Council and the Planning Board wanted a dumpster there, he would have one put in. Mr. Evans stated that shared driveway access required them to prepare an easement plat that each owner would have to share to get in and out of the properties. He stated that it required a legal document signed in front of a Notary by everyone. He stated that a fence could be taken down with a hammer and if it comes down, they will not take it down. He believed that the fences would come down, but could not do it without an easement. He stated that he hopes the fencing would come down and that the Town would also get the existing dumpster moved to a logical spot behind an oak tree.
Member Darnall asked if there would not be a turnaround on the property. Mr. Evans stated that a turnaround would be on the property. It would be a 10 x 10 foot turnaround. Planning Director Cotellessa stated that no turnaround was on the previous plan. She stated that she would look at the Waterfront Shops turnaround as she felt pretty sure that if it was 10 foot wide, it would have been longer. She stated that the requirements for a residential lot that is constructed on NC 12 requires a 10 x 10 turnaround independent of the drive aisle and the parking spaces. She stated that the Town’s code states that it is reasonable for a regular passenger vehicle to turn around.
Mayor Pro Tempore Thibodeau asked Member Darnall to repeat her question. Member Darnall repeated her question.
Bob Evans reviewed the language in the Zoning Ordinance regarding parking to Council and the Planning Board.
Member Darnall asked if the loading area is required for the site. Planning Director Cotellessa stated that there are different standards for different heights of development. She went on to discuss the ways a loading area would be required for a commercial site. Member Darnall stated that she agreed with the applicant on the loading area issue.
Councilor Smith agreed with Member Darnall and felt that there should be some sort of agreement for deliveries with the freight companies.
Town Manager Layton stated that the potential for delivery trucks parking in the center turn lane is unsettling. He stated that the police officers will ask these delivery trucks to move from the turning lane.
Rick Kowalewitch again stated that he has been in this business for twenty-four years and he does not use tractor trailers for his deliveries. He stated that his deliveries come via UPS. He could not understand why Council and the Planning Board were making a big deal about the loading zone. Mr. Evans stated that the surf boards come in a van and not by a tractor trailer. Mr. Kowalewitch stated that he sells more surf boards per store than any other in the country. He stated that he does not have tractor trailers delivering surf boards to his stores.
Councilor Smith stated that the tractor trailer issue still has to be considered even if there won’t be any coming to the store. Mr. Kowalewitch stated that he couldn’t understand why Council and the Planning Board were making multiple points about the tractor trailers. Councilor Smith corrected him and said that only one point was brought up. He agreed that the majority of the deliveries would be via UPS. Mr. Evans stated that if the concern was tractor trailers, there would not be any on the property.
Member Darnall stated that she had the concern but not about tractor trailers. Mr. Evans tried to interrupt, but Member Darnall asked him to be quiet for a second. She stated that Council and the Planning Board have listened to a lot of items and she was trying to digest the information as best she could. She stated that the Planning Board has to make a motion and suggested Mr. Evans be more accommodating. Mr. Evans apologized to Council and the Planning Board. Member Darnall stated she would rather see less parking spaces but adequate size and turnaround on the property. Planning Director Cotellessa assumed that the parking requirement would be at least twelve (12) spaces plus the requirement is 2.5 spaces for a multi-family unit as per the Health Department. She stated that in the Village Commercial District there is limited space for parking, there is a lot of pedestrian and bicycle access, and there may be reason to reduce the number of parking spaces. She stated there may be a reason to have a limited number of spaces as is proposed in the plan that are less than ten feet wide. Member Darnall stated she would like to see standard size spaces with a turnaround and does not have a problem with stacking the spaces either.
Councilor Smith asked if there were a number of parking spaces that Mr. Evans and Mr. Kowalewitch were trying to get. Mr. Evans stated that they had assumed it would be one space for every two hundred square feet in a retail area. Councilor Smith asked what was the number of spaces for customers to park. Mr. Kowalewitch stated that he has a 2,600 square foot space in Virginia Beach and has seven dedicated parking spaces that are utilized 20% of the time. He stated he would be happy with nine parking spaces as well as the turnaround area at the new store.
Member Darnall asked if one parking spot has to be removed from the site, would it be upsetting from a retail perspective. Mr. Kowalewitch stated they could lose business because of it. Councilor Smith stated that he may lose more business if a customer drives into the parking lot and is not able to turn around to get out. Mr. Kowalewitch stated that his store in Virginia Beach does not have a turnaround area and has never had a problem.
Chairman Forlano pointed out that any concrete work, either pervious or non pervious, is going to be parked on whether there is a turnaround or not.
Chairman Forlano pointed out that there is not any room for a sidewalk, so how can there be a sidewalk depicted in the applicant’s site plan. Mr. Evans stated that if the asphalt was being expanded, they have one foot from end of the Herron property with enough room to add another two or three feet, giving them 4-5 feet of sidewalk. He stated that they can improve the circumstance, but whether or not it would be appropriate with a dissimilar product – concrete – or whether it should be done with asphalt would be a question that Council and the Planning Board would have to decide. He stated he believed there would be room for a sidewalk.
Chairman Forlano asked if what Mr. Evans was saying was that in the future, if the Town thinks a sidewalk on the west side would be beneficial, that the applicants would be willing to put it in for the Town. Mr. Evans stated that was incorrect. He stated that they would happy to provide an easement as long as it didn’t count against lot coverage in future calculations or denigrate the value of their property. He stated he would like to do this as soon as possible.
Mayor Pro Tempore Thibodeau clarified Mr. Evans’ comments. Town Manager Layton pointed out that when the Trail was put in, NCDOT did not acquire the right of way from the Scarborough house. He stated that an easement would be helpful and suggested waiting till the Trail is repaved to do the easement. Mr. Evans stated he would like to do it in concert with NCDOT’s efforts.
Councilor Smith stated that the applicants had done a good job with the architectural style. He asked why the south side of the building has a large wall. Mr. Kowalewitch stated that the worst thing for retailers is windows. He stated that the view looks better than what the rendering shows. Mr. Kowalewitch stated that people will be drawn to the look of the roof more than anything. Councilor Smith asked what the stormwater storage area was. Mr. Evans stated that it is not a storage area but a retention area. He went on to explain what a stormwater retention area is.
Councilor Caviness asked about the potential for a soundside boardwalk. Town Manager Layton stated that the Waterfront Shops had their CUP set up to escrow funds in case the Town constructs a boardwalk that it would be connected to the shopping center. He stated the Town is in the final stages of a planning process with the conceptual layout for a soundside boardwalk and have met with CAMA to discuss the issues surrounding it. He stated that the majority of the boardwalk would not be on any property. He guessed the Town would not be asking for land for the boardwalk, but would be asking that any property out in the water would be used to connect to the boardwalk. Mr. Evans stated they would not stand in the way of it getting done, if the funds are available to build and maintain it, but worried that they would have to give up their right to access to the sound. Vice Chair Britt felt that Council and the Planning Board did not want to do that to the applicants.
Mayor Pro Tempore Thibodeau stated that the pier was not initially in the proposal for the building but thought it would be privately used and would be subject to getting the proper CAMA permits. She stated that the Town would see only the people living in the apartment or the owners themselves using the pier. Mr. Evans stated that he wasn’t sure if a lock and key should be put on the pier, but that the pier would not be intended for commercial use. Town Manager Layton suggested that if the Town were to build a boardwalk, it would be the desire on the applicant’s part to connect the pier to the boardwalk as an additional access to the store. Mr. Kowalewitch stated he wouldn’t mind allowing the people of Duck to use the pier to watch the sunset. Mr. Evans stated that they are not trying to allow jet skis to dock at their site.
Councilor Smith asked if the apartment would be a 1,200 square foot one. Mr. Evans stated it would be a little less than 1,200 square feet, taking everything into consideration such as walls and dormers. Councilor Smith asked what the actual, by code, square footage of the space to be used as an apartment. Planning Director Cotellessa believed the regulations require that an accessory apartment be 50% or less of the space of the building. She stated that the gross square footage on the building was 2,540 square feet – the gross square footage on the apartment was 1,249 square feet. She didn’t feel there would be an issue with the size of the apartment.
Member March asked Planning Director Cotellessa if she foresaw any issue that would cause pedestrian problems site-wise with cars coming in and out of the parking lot. Planning Director Cotellessa stated there is an issue as with many sites in the Village Commercial District. She stated that was one of the reasons the Town is trying to do a soundside boardwalk, to get pedestrians away from the vehicular traffic.
Mayor Pro Tempore Thibodeau stated she would like to see a sample of the vinyl siding for the building. Member Jenkins pointed out that 106 Dune Road has vinyl siding similar to what the building will have. Town Attorney McRee stated that he has the same siding on his personal home. Mr. Evans stated there are two types of the vinyl siding in question. Mayor Morrison asked if a sample could be brought in so Council and the Planning Board could see the color that will be used. Mr. Evans stated that 106 Dune Road has it. Mayor Morrison asked if it was the same color as what the applicants would be using. Member Jenkins stated that 106 Dune Road’s siding was an off-white or cream color. Mr. Evans stated they are proposing to use white as it is an inviting color.
Mayor Pro Tempore Thibodeau stated that she did not see a need for a right turn only exit at the property. Vice Chair Britt agreed with Mayor Pro Tempore Thibodeau. Councilor Caviness stated that she foresaw a possible problem as most people see the Farmer’s Daughter and Bob’s Bait & Tackle store. She stated that most tourists will get in the turn lane earlier than they should and it could be a problem at that area with the turning lane. She felt the area was dangerous enough and the Town should not complicate the issue further.
Town Manager Layton stated that the applicants included in their package an original landscaping plan. He stated that most of the landscaping was of the palm tree variety and Council has had issues with palm trees in the past. He suggested that some direction be given on this. Planning Director Cotellessa pointed out that on the landscape plan the parking was reversed and was drawn on an old layout. Member Jenkins stated that the landscaping should include native plants that are indigenous to the area as well as salt tolerant. Mr. Evans stated they have spent $1.5 million on the property and they want the property to be extraordinarily attractive as well as the landscaping to be attractive. He stated that they are anxious to start building and if they are allowed to do so, they would be happy to put off the certificate of occupancy until they get their landscape plan approved and be “at the mercy” of whatever Council and the Planning Board decides. He stated the landscape plan is not critical and he is not a horticulturalist. He asked Council and the Planning Board to stop delaying the project any longer by arguing about indigenous plants. He stated that they would like to get going on the project.
ADJOURN TOWN COUNCIL MEETING/JOINT WORKSESSION
Mayor Morrison moved to adjourn the joint meeting and turn the meeting over to Chairman Forlano for the Planning Board meeting. He asked Council to remain in the room but refrain from entering into any further discussion.
Motion carried 5-0.
The time was 9:22 p.m.
____________________________
/s/ Christopher J. Layton, Town Clerk
Approved: ______________________
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/s/ Neil Morrison, Mayor